THE STATE v TINASHE MASHUNGO

HMT 68-19

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Case Details

Court

Mutare High Court

Date

3 October 2019

Citation

HMT 68-19

Neutral Citation

[2019] ZWHMT 68

Outcome

unknown

Case Type

Review

Bench

Presiding

MUZENDA J

Full Bench

MUZENDA JMWAYERA J

Areas of Law

Criminal LawMining Law

Keywords

AttemptPrecious StonesMens ReaActus ReusPossession

Key Issues

{"issue_text":"Whether the conviction for attempt to contravene s 3(1) of the Precious Stones Act was safe where the stones had no economic value and the accused did not believe they were precious stones","issue_type":"law","dispositive":"yes","related_facts":"The stones were assayed as worthless; accused did not admit to possessing precious stones"}
{"issue_text":"Whether the State proved the necessary mens rea for possession of precious stones","issue_type":"law","dispositive":"yes","related_facts":"Accused denied knowledge of stones being precious"}

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Facts of the Case

Background

The accused was arrested at a diamond processing plant for possessing 11 pieces of stones which were later assayed as having no economic value. He was convicted of attempting to contravene the Precious Stones Act, but the High Court found the conviction unsafe as there was no proof he believed the stones were precious or intended to deal in them.

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